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6 Responses to “Delhi HC: Do Not Entertain Frivolous Dowry Cases”

i hav been threatened by my in-laws to devastate my whole family life, i’ve lost all social value, i’ve not had sex from 2 years and i don’t know the whereabout of my wife and my 10 months daughter, this is all done to take the alimony from me
pl gide otherwise i will renounce this world

I m also facing it. my wife has aproached to the Police Women Help line seeking permission for lodging FIR under various sections including 498A, however, she was living in complete seperation since more than last 1.5 years and caused disturbed my baby 5yrs old in a boarding school, i was living alone in my house since marriege but she complained against 10 members of my near & dears. A judicial megistrate named Mr. Tayyab Ansari, relative of my ex-wife demanding rs.5 lac to settle this case and pushed my wife to file case under 498A, however, Talaque has already been pronounced much before this complained and she accepted money for MEHR& IDDAT period. There is no remedy for me to safeguard myself from provisions of 498A. I was having my dept. exam next month but i this condition i can not prepare for that and suffering a lot mentally.

My daughter-in-law made a false a case under DV Act against her husband, father-in-law and mother-in-law. Initially, the concerned people in the system suspected us guilty but in the time span they seems to have understood her deeds – i.e. one day she impressed upon police to lodge her another complaint against her husband for beating her. Police did so but in medical report – self made spots found instead of injuries.

Now, perhaps being disappointed from DV Act proceedings, she has disappeared with her 18 months old child. She also broke the internal lock of the room and took away valubles. To know her whereabouts, we tried with her parents, but they are not ready now to talk to us and whereas, they were supporting her all the while in the case.
Now, I am scared that she may now invoke dowry act and get us behind the bars. Though such case will not prove eventually but can cause allied damages to me and my family.
I shall be obliged if someone could advise / help me to come out of the agony.

to rakesh kumar,
attack is the best defence as u know it,
well for custody of ur child u can sought it through the family court
and you can get company of u’r wife by an application for restitution of conjugal rights,
if they both are in illegal custody and they are with u’r in laws with out their
wish , u can file habious courps petition in the high court.
and if u think that it is not possible to live together take divorce on the eground of cruelty by wife due to deseration of husband with out legal reason apply to the family court or civil court for the same.

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March).
During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle.
From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.